Listing of Color Additives Exempt From Certification; Calcium Carbonate, 58445-58449 [2022-20819]
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(viii) Bombardier Service Bulletin 84–28–
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[FR Doc. 2022–20805 Filed 9–26–22; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA–2017–C–6238]
Listing of Color Additives Exempt
From Certification; Calcium Carbonate
Food and Drug Administration,
Department of Health and Human
Services (HHS).
ACTION: Final rule.
AGENCY:
The Food and Drug
Administration (FDA or we) is
amending the color additive regulations
to provide for the safe use of calcium
carbonate in dietary supplement tablets
and capsules. We are taking this action
in response to a color additive petition
(CAP) submitted by Colorcon, Inc.
(Colorcon or petitioner).
DATES: This rule is effective October 28,
2022. Submit either electronic or
written objections and requests for a
hearing on the final rule by October 27,
2022. See section XI for further
information on the filing of objections.
The incorporation of reference of certain
material listed in this rule is approved
by the Director of the Federal Register
as of October 27, 2022.
ADDRESSES: You may submit objections
and requests for a hearing as follows.
Please note that late, untimely filed
objections will not be considered. The
https://www.regulations.gov electronic
filing system will accept comments
until 11:59 p.m. Eastern Time at the end
of October 27, 2022. Objections received
by mail/hand delivery/courier (for
written/paper submissions) will be
considered timely if they are received
on or before that date.
SUMMARY:
Electronic Submissions
Submit electronic objections in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Objections submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
objection will be made public, you are
solely responsible for ensuring that your
objection does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
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identifies you in the body of your
objection, that information will be
posted on https://www.regulations.gov.
• If you want to submit an objection
with confidential information that you
do not wish to be made available to the
public, submit the objection as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper objections
submitted to the Dockets Management
Staff, FDA will post your objection, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2017–C–6238 for ‘‘Listing of Color
Additives Exempt from Certification;
Calcium Carbonate.’’ Received
objections, those filed in a timely
manner (see ADDRESSES), will be placed
in the docket and, except for those
submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
• Confidential Submissions—To
submit an objection with confidential
information that you do not wish to be
made publicly available, submit your
objections only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ We
will review this copy, including the
claimed confidential information, in our
consideration of comments. The second
copy, which will have the claimed
confidential information redacted/
blacked out, will be available for public
viewing and posted on https://
www.regulations.gov. Submit both
copies to the Dockets Management Staff.
If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
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Federal Register / Vol. 87, No. 186 / Tuesday, September 27, 2022 / Rules and Regulations
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts,
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
FOR FURTHER INFORMATION CONTACT:
Christopher Kampmeyer, Office of Food
Additive Safety (HFS–255), Center for
Food Safety and Applied Nutrition,
Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740–
3835, 240–402–1255; or Alexandra
Jurewitz, Office of Regulations and
Policy (HFS–024), Center for Food
Safety and Applied Nutrition, Food and
Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–2378.
SUPPLEMENTARY INFORMATION:
I. Introduction
In a notification published in the
Federal Register on November 20, 2020
(85 FR 74304), we announced that we
filed a color additive petition (CAP
0C0318) submitted by Colorcon, Inc.,
275 Ruth Rd., Harleysville, PA 19438.
The petition proposed to amend the
color additive regulations in § 73.70
‘‘Calcium Carbonate,’’ by expanding the
permitted uses of calcium carbonate to
include use in dietary supplement
tablets and capsules, including coatings
and printing inks, in amounts consistent
with good manufacturing practice.
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II. Background
Calcium carbonate (CAS 471–34–1) is
a fine, white powder prepared either by
grinding naturally occurring limestone
or produced synthetically through a
precipitation process using heat, water,
and carbon dioxide. Calcium carbonate
is slightly soluble in water and
dissociates into calcium and carbonate
ions in an aqueous environment.
Calcium is abundant in the human body
and is an integral component of bones,
teeth, and other biological structures.
Carbonate is also present in the human
body, e.g., as a critical component of the
pH buffering system.
Calcium carbonate is authorized
under § 73.70 for use as a color additive
in soft and hard candies, mints, and in
inks used on the surface of chewing
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gum, in amounts consistent with good
manufacturing practice, except that it
may not be used to color chocolate or
the chocolate portion of candy, as the
standards of identity for chocolate do
not provide for the use of color
additives. Calcium carbonate is also
authorized under § 73.1070 for use as a
color additive in drugs; generally, in
amounts consistent with good
manufacturing practice. Additionally,
food grade calcium carbonate and
ground limestone (consisting of not less
than 94 percent calcium carbonate) are
affirmed as generally recognized as safe
in 21 CFR 184.1191 and 184.1409,
respectively. These two regulations do
not include limitations for use in food
other than current good manufacturing
practice, which our regulations define at
§ 184.1(b).
The petitioner stated that calcium
carbonate complies with the
specifications in the 10th edition of the
Food Chemicals Codex (FCC 10), which
was incorporated by reference into
§ 73.70 (82 FR 51554, November 7,
2017). Since this regulation became
effective, the 13th edition of the FCC
(FCC 13) has published. The
specifications for calcium carbonate and
ground limestone are the same in both
FCC 10 and FCC 13. Therefore, we are
updating our incorporation by reference
to FCC 13. In an email dated May 26,
2022, the petitioner concurred with
updating the FCC reference from FCC 10
to FCC 13.
The petitioner concluded that the
amount of calcium carbonate petitioned
for use in dietary supplement tablets
and capsules is self-limiting because the
addition of the color additive above a
certain level would be uneconomical
and/or have adverse consequences on
the quality of the dietary supplements.
Because the petitioner concluded that
the amount of calcium carbonate used
as a color additive in dietary
supplement tablets and capsules would
be self-limiting, they did not propose
any tolerances or other limitations. We
determined there is no need for a
specific upper limit for this use of
calcium carbonate (Ref. 1).
III. Safety Evaluation
Under section 721(b)(4) of the Federal
Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 379e(b)(4)), a color
additive may not be listed for a
particular use unless the data and
information available to FDA establish
that the color additive is safe for that
use. Our color additive regulations at 21
CFR 70.3(i) define ‘‘safe’’ to mean that
there is convincing evidence
establishing with reasonable certainty
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that no harm will result from the
intended use of the color additive.
To establish with reasonable certainty
that a color additive intended for use in
foods is not harmful under its intended
conditions of use, we consider the
projected human dietary exposure to the
color additive; the additive’s
toxicological data; and other relevant
information (such as published
literature) available to us. We compare
the estimated dietary exposure, or
estimated daily intake (EDI), of the color
additive from all dietary sources to an
acceptable daily intake (ADI) level
established by toxicological data. The
EDI is determined by projections based
on the amount of the color additive
proposed for use in particular foods and
on data regarding the amount consumed
from all sources of the color additive.
We commonly use the EDI for the 90th
percentile consumer of a color additive
as a measure of high chronic exposure.
IV. Safety of the Petitioned Use of the
Color Additive
A. Dietary Exposure Estimate
The petitioner estimates that the
amount of calcium carbonate as a color
additive in dietary supplements would
not exceed 24 milligrams (mg) per
dietary supplement (Ref. 2). The
petitioner used data for dietary
supplements from the 2011–2014
National Health and Nutrition
Examination Survey (NHANES) to
estimate dietary exposure to calcium
carbonate and elemental calcium from
the proposed use. From the NHANES
data, the petitioner determined that the
U.S. population aged 2 years and older
consumes two dietary supplements in a
24-hour period at the mean and five at
the 90th percentile. We note that these
values could represent two or five of the
same or different dietary supplements.
In estimating dietary exposure, the
petitioner assumed that all dietary
supplements consumed would contain
calcium carbonate as a color additive
and that each dietary supplement
consumed contains 24 mg calcium
carbonate. This results in a dietary
exposure estimate to calcium carbonate
of 48 milligrams/person/day (mg/p/d) at
the mean and 120 mg/p/d at the 90th
percentile. Because calcium carbonate is
comprised of 40 percent calcium, the
petitioner noted that the maximum
dietary exposure to calcium from this
use of calcium carbonate is estimated to
be 19 mg/p/d at the mean and 48 mg/
p/d at the 90th percentile.
The petitioner stated that the
maximum amount of calcium carbonate
deposited as a printing ink on the
surface of the dietary supplement would
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be 0.009 mg, which corresponds to
approximately 0.004 mg of calcium per
dietary supplement. The petitioner
concluded that the contribution to the
dietary exposure from use in printing
ink on the surface of dietary
supplements is accounted for in the
dietary exposure estimate for the use of
calcium carbonate as a color additive at
the maximum proposed use level in
dietary supplements. FDA concurred
with this approach regarding the dietary
exposure estimate for calcium and
calcium carbonate from the petitioned
uses of calcium carbonate (Ref. 2).
FDA previously determined the
cumulative estimated dietary intake
(CEDI) for calcium from all sources to be
1,150 mg/p/d at the mean and 1,925 mg/
p/d at the 90th percentile for the U.S.
population aged 2 years and older (Ref.
3). The petitioner summed FDA’s mean
cumulative dietary exposure to calcium
(1,150 mg/p/d) (Ref. 3) with the mean
dietary exposure to calcium from the
petitioned uses (19 mg/p/d) (Ref. 2) to
estimate a revised mean CEDI for
elemental calcium from the existing
uses as well as the petitioned use of
calcium carbonate as a color additive in
dietary supplement tablets and
capsules, including coatings and
printing inks. This resulted in a mean
CEDI for calcium of 1,169 mg/p/d for
the U.S. population aged 2 years and
older. Using an analogous approach, the
90th percentile CEDI for calcium,
determined previously (1,925 mg/p/d;
Ref. 3), was summed with the 90th
percentile value (48 mg/p/d) from the
petitioned uses to derive an upper
bound 90th percentile CEDI for calcium
of <2,000 mg/p/d for the U.S.
population aged 2 years and older (Ref.
2).
B. Toxicological Considerations
To support the safety of the petitioned
use of calcium carbonate, the petitioner
noted that calcium carbonate and
ground limestone are affirmed as
generally recognized as safe under
§§ 184.1191 and 184.1409, respectively.
The petition referenced FDA’s safety
review of calcium carbonate in CAP
6C0307 (Ref. 4), which resulted in
FDA’s listing of calcium carbonate in
§ 73.70. Calcium carbonate can
dissociate into calcium and carbonate
ions in aqueous environments, making
those two ions relevant to a safety
evaluation of ingested calcium
carbonate. Based on carbonate’s
chemical structure and physiological
functions, no further safety analysis of
carbonate exposure was necessary (Ref.
4). FDA also considered safety
evaluations by the Institute of Medicine
(IOM) and safety information resulting
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from a search of the published literature
(Ref. 4). In the IOM’s 2011 report on
dietary reference intakes for calcium
and vitamin D, the IOM updated
recommended tolerable upper limits
(ULs) for calcium ranging from 2,000 to
3,000 mg/p/d for the U.S. population
aged 1 year and older, based on a
comprehensive literature review (Ref.
5). The IOM considered the UL as the
highest average daily exposure that is
likely to pose no risk of adverse effects
to almost all individuals in the general
population (Ref. 5).
We conducted a search of the
literature from January 2016 until
December 2021 to identify publications
germane to our safety evaluation using
several different databases (i.e.,
PubMed, Web of Science and ToxNet).
We reviewed the articles found in this
search and other relevant studies
available to FDA on the safety of
calcium and calcium carbonate (Ref. 6).
We also noted that in our previous
safety review (Ref. 4) we determined
that no further safety analysis of
carbonate was necessary, based on its
chemical structure and physiological
functions (Ref. 6).
Based on our review, we considered
the UL established by IOM for calcium
(2,000 mg/p/d) to remain an appropriate
benchmark for assessing the safety of
dietary exposure to calcium from the
petitioned use of calcium carbonate
(Ref. 6). For the U.S. population aged 2
years and older, the dietary exposure
estimate at the 90th percentile is below
the IOM’s UL of 2,000 mg/p/d.
Additionally, the body of literature on
calcium carbonate and calcium does not
present evidence of safety concerns at
the expected dietary exposure (Ref. 6).
Based on our review of the recently
published literature, and because the
90th percentile dietary exposure to
calcium from all dietary sources,
including the petitioned uses of calcium
carbonate, is less than the UL
determined by IOM, the dietary
exposure to calcium from the proposed
use of calcium carbonate as a color
additive in dietary supplement tablets
and capsules, including coatings and
printing inks, does not raise safety
concerns (Ref. 6). Therefore, we
conclude that there is a reasonable
certainty of no harm from this proposed
use as a color additive.
V. Incorporation by Reference
FDA is incorporating by reference the
monographs for calcium carbonate and
limestone, ground from the Food
Chemicals Codex, 13th ed., 2022, which
was approved by the Office of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You
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58447
may purchase a copy of the material
from the United States Pharmacopeial
Convention, 12601 Twinbrook Pkwy.,
Rockville, MD 20852, 1–800–227–8772,
https://www.usp.org. You may inspect a
copy at the Dockets Management Staff
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852, 240–402–
7500, between 9 a.m. and 4 p.m.,
Monday through Friday. Because
materials incorporated by reference will
no longer be available at FDA’s main
library, we are revising § 73.70 to update
the location where referenced materials
cited in FDA regulations can be found;
the new location will be at the Dockets
Management Staff.
The FCC monographs establish a
standard for purity and identity for
calcium carbonate. The monographs
provide specifications and analytical
methodologies used to identify the
substance and establish acceptable
purity criteria. The current color
additive regulation for the use of
calcium carbonate (§ 73.70) indicates
that the additive must meet the
specifications in the FCC 10. The most
current version of the FCC is the FCC
13, and the specifications for calcium
carbonate in FCC 13 are identical to
those in FCC 10. Therefore, we are
amending § 73.70 by adopting, and
incorporating by reference, the
specifications for calcium carbonate and
ground limestone in FCC 13 in place of
FCC 10.
VI. Conclusion
Based on the data and information in
the petition and other available relevant
information, we conclude that the
petitioned use of calcium carbonate for
use as a color additive in dietary
supplement tablets and capsules,
including coatings and printing inks, is
safe. We further conclude that the color
additive will achieve its intended
technical effect and is suitable for the
petitioned use. Therefore, we are
amending the color additive regulations
in part 73 to provide for the safe use of
this color additive as set forth in this
document. In addition, based on the
factors in 21 CFR 71.20(b), we conclude
that batch certification of calcium
carbonate, proposed for use as a color
additive in dietary supplement tablets
and capsules, including coatings and
printing inks, is not necessary for the
protection of public health (Ref. 1).
VII. Public Disclosure
In accordance with § 71.15, the
petition and the documents that we
considered and relied upon in reaching
our decision to approve the petition will
be made available for public disclosure
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(see FOR FURTHER INFORMATION CONTACT).
As provided in § 71.15, we will delete
from the documents any materials that
are not available for public disclosure.
pertain to food and therefore should not
be construed to be a statement of the
likelihood that section 301(ll) of the
FD&C Act applies.
VIII. Analysis of Environmental Impact
As stated in the November 20, 2020,
Federal Register notification of filing,
the petitioner claimed that this action is
categorically excluded under § 25.32(k)
because the substance is intended to
remain in food through ingestion by
consumers and is not intended to
replace macronutrients in food. We
further stated that if FDA determines a
categorical exclusion applies, neither an
environmental assessment nor an
environmental impact statement is
required. We did not receive any new
information or comments regarding this
claim of categorical exclusion. We
considered the petitioner’s claim of
categorical exclusion and determined
that this action is categorically excluded
under § 25.32(k). Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
XI. Objections
This rule is effective as shown in the
DATES section, except as to any
provisions that may be stayed by the
filing of proper objections. If you will be
adversely affected by one or more
provisions of this regulation, you may
file with the Dockets Management Staff
(see ADDRESSES) either electronic or
written objections. You must separately
number each objection, and within each
numbered objection you must specify
with particularity the provision(s) to
which you object, and the grounds for
your objection. Within each numbered
objection, you must specifically state
whether you are requesting a hearing on
the particular provision that you specify
in that numbered objection. If you do
not request a hearing for any particular
objection, you waive the right to a
hearing on that objection. If you request
a hearing, your objection must include
a detailed description and analysis of
the specific factual information you
intend to present in support of the
objection in the event that a hearing is
held. If you do not include such a
description and analysis for any
particular objection, you waive the right
to a hearing on the objection.
Any objections received in response
to the regulation may be seen in the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, and will be posted to the docket
at https://www.regulations.gov. We will
publish notice of the objections that we
have received or lack thereof in the
Federal Register.
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IX. Paperwork Reduction Act of 1995
This final rule contains no collection
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
X. Section 301(ll) of the FD&C Act
Our review of this petition was
limited to section 721 of the FD&C Act.
This final rule is not a statement
regarding compliance with other
sections of the FD&C Act. For example,
section 301(ll) of the FD&C Act (21
U.S.C. 331(ll)) prohibits the
introduction or delivery for introduction
into interstate commerce of any food
that contains a drug approved under
section 505 of the FD&C Act (21 U.S.C.
355), a biological product licensed
under section 351 of the Public Health
Service Act (42 U.S.C. 262), or a drug or
biological product for which substantial
clinical investigations have been
instituted and their existence has been
made public, unless one of the
exemptions in section 301(ll)(1) to (4) of
the FD&C Act applies. In our review of
this petition, we did not consider
whether section 301(ll) of the FD&C Act
or any of its exemptions apply to food
containing this color additive.
Accordingly, this final rule should not
be construed to be a statement that a
food containing this color additive, if
introduced or delivered for introduction
into interstate commerce, would not
violate section 301(ll) of the FD&C Act.
Furthermore, this language is included
in all color additive final rules that
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XII. References
The following references marked with
an asterisk (*) are on display at the
Dockets Management Staff (see
ADDRESSES) and are available for
viewing by interested persons between
9 a.m. and 4 p.m., Monday through
Friday; they are also available
electronically at https://
www.regulations.gov. References
without asterisks are not on public
display at https://www.regulations.gov
because they have copyright restriction.
Some may be available at the website
address, if listed. References without
asterisks are available for viewing only
at the Dockets Management Staff. FDA
has verified the website addresses, as of
the date this document publishes in the
Federal Register, but websites are
subject to change over time.
* 1. Memorandum from N. Hepp, Color
Technology Branch, Office of Cosmetics
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and Colors, Center for Food Safety and
Applied Nutrition (CFSAN), FDA to C.
Kampmeyer, Division of Food
Ingredients (DFI), Office of Food
Additive Safety (OFAS), CFSAN, FDA,
May 11, 2022.
* 2. Memorandum from D. Doell, Chemistry
Review Team, DFI, OFAS, CFSAN, FDA
to C. Kampmeyer, DFI, OFAS, CFSAN,
FDA, May 11, 2022.
* 3. Memorandum from D. Doell, Division of
Petition Review (DPR), OFAS, CFSAN,
FDA to J. Kidwell, DPR, OFAS, CFSAN,
FDA, February 16, 2017.
* 4. Memorandum from T.S. Thurmond, DPR,
OFAS, CFSAN, FDA to J. Kidwell, DPR,
OFAS, CFSAN, FDA, February 17, 2017.
5. Committee to Review Dietary Reference
Intakes for Vitamin D and Calcium, Food
and Nutrition Board, Institute of
Medicine, ‘‘Dietary Reference Intakes for
Calcium and Vitamin D,’’ National
Academies Press, Washington, DC 2011.
Available at https://www.nap.edu/read/
13050/chapter/1 (accessed July 27,
2021).
* 6. Memorandum from R. Chanderbhan,
Toxicology Review Team, DFI, OFAS,
CFSAN, FDA to C. Kampmeyer, DFI,
OFAS, CFSAN, FDA, May 11, 2022.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs,
Foods, Incorporation by reference,
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 73 is
amended as follows:
PART 73—LISTING OF COLOR
ADDITIVES EXEMPT FROM
CERTIFICATION
1. The authority citation for part 73
continues to read as follows:
■
Authority: 21 U.S.C. 321, 341, 342, 343,
348, 351, 352, 355, 361, 362, 371, 379e.
2. Amend § 73.70 by revising
paragraphs (b) and (c) and adding
paragraph (f) to read as follows:
■
§ 73.70
Calcium carbonate.
*
*
*
*
*
(b) Specifications. Calcium carbonate
must meet the specifications given in
calcium carbonate (FCC 13) and
limestone, ground (FCC 13).
(c) Uses and restrictions. Calcium
carbonate may be safely used in
amounts consistent with good
manufacturing practice to color dietary
supplement tablets and capsules
(including coatings and printing inks),
soft and hard candies and mints, and in
inks used on the surface of chewing
gum, except that it may not be used to
color chocolate for which standards of
identity have been promulgated under
section 401 of the Federal Food, Drug,
E:\FR\FM\27SER1.SGM
27SER1
Federal Register / Vol. 87, No. 186 / Tuesday, September 27, 2022 / Rules and Regulations
and Cosmetic Act unless added color is
authorized by such standards.
*
*
*
*
*
(f) Incorporation by reference.
Material listed in this paragraph (f) is
incorporated by reference into this
section with the approval of the Director
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved
material is available for inspection at
the Food and Drug Administration and
at the National Archives and Records
Administration (NARA). Contact the
Food and Drug Administration between
9 a.m. and 4 p.m., Monday through
Friday at: Dockets Management Staff,
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852, 240–402–
7500. For information on the availability
of this material at NARA, email:
fr.inspection@nara.gov; website:
www.archives.gov/federal-register/cfr/
ibr-locations.html. You may obtain the
material from the U.S. Pharmacopeial
Convention, 12601 Twinbrook Pkwy.,
Rockville, MD 20852; website:
www.usp.org.
(1) Limestone, Ground, Food
Chemicals Codex, 13th edition, effective
June 1, 2022 (FCC 13).
(2) Calcium Carbonate, Food
Chemicals Codex, 13th edition, effective
June 1, 2022 (FCC 13).
Dated: September 20, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
Background
On October 29, 2020, OFAC issued GL
M to authorize certain transactions
otherwise prohibited by the Iranian
Transaction and Sanctions Regulations,
31 CFR part 560. GL M had an
expiration date of September 1, 2021.
On August 24, 2021, OFAC issued GL
M–1, which replaced and superseded
GL M and had an expiration date of
September 1, 2022. On August 25, 2022,
OFAC issued GL M–2, which replaced
and superseded GL M–1 and has an
expiration date of September 1, 2023.
All three GLs were made available on
OFAC’s website (www.treas.gov/ofac) at
the time of publication. The text of GLs
M, M–1, and M–2 is provided below.
OFFICE OF FOREIGN ASSETS CONTROL
Iranian Transactions and Sanctions
Regulations
[FR Doc. 2022–20819 Filed 9–26–22; 8:45 am]
31 CFR Part 560
BILLING CODE 4164–01–P
GENERAL LICENSE M
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 560
Publication of Iranian Transactions
and Sanctions Regulations Web
General License M and Subsequent
Iterations
Office of Foreign Assets
Control, Treasury.
ACTION: Publication of web general
licenses.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing three
general licenses (GLs) issued in the
Iranian Transactions and Sanctions
program: GLs M, M–1, and M–2, each of
which was previously made available
on OFAC’s website.
DATES: GL M–2 was issued on August
25, 2022. See SUPPLEMENTARY
INFORMATION for additional relevant
dates.
SUMMARY:
jspears on DSK121TN23PROD with RULES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
15:41 Sep 26, 2022
Jkt 256001
Authorizing the Exportation of Certain
Graduate Level Educational Services and
Software
(a) Except as provided in paragraph (c) of
this general license, accredited graduate and
undergraduate degree-granting academic
institutions located in the United States
(collectively, ‘‘U.S. academic institutions’’),
including their contractors, are authorized
through 12:01 a.m. eastern daylight time,
September 1, 2021, to engage in the following
activities with respect to Iranian students
described in paragraph (b):
(1) Online Educational Services. The
provision of online educational services
related to graduate educational courses,
provided that the courses are the equivalent
of courses ordinarily required for the
completion of graduate degree programs in
the humanities, social sciences, law, or
business, or are introductory science,
technology, engineering, or mathematics
courses ordinarily required for the
completion of graduate degree programs in
the humanities, social sciences, law, or
business, and participation in all activities
related to the provision of such online
educational services to Iranian students
described in paragraph (b).
(2) Exportation of Software. The
exportation of software to Iranian students
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
58449
described in paragraph (b) in order to
facilitate participation in the activities
authorized in (i) paragraph (a) of this general
license or (ii) paragraph (b)(1)(iii) of Iran
General License G, provided such software is
designated as EAR99 under the Export
Administration Regulations, 15 CFR parts
730 through 774 (EAR), or constitutes
information or software not subject to the
EAR pursuant to 15 CFR 734.3(b)(3).
(b) Iranian students referred to in
paragraph (a) are individuals located in Iran,
or located outside Iran but who are ordinarily
resident in Iran, who are eligible for nonimmigrant classification under categories F
(students) or M (non-academic students), and
have been granted a non-immigrant visa by
the U.S. State Department, but are not
physically present in the United States due
to the COVID–19 pandemic.
(c) This general license does not authorize
the exportation or reexportation of any
services or software to the Government of
Iran or any other person whose property and
interests in property are blocked pursuant to
31 CFR chapter V.
Note 1 to General License M: The
importation from Iran and the exportation to
Iran of information or informational
materials, as defined in 31 CFR 560.315,
whether commercial or otherwise, regardless
of format or medium of transmission, are
exempt from the prohibitions of 31 CFR part
560. See 31 CFR 560.210(c).
Note 2 to General License M: U.S. persons
are authorized to engage in the exportation of
certain educational services under Iran
General License G, which was issued
pursuant to 31 CFR part 560, and to export,
reexport, and provide certain services,
software, and hardware incident to personal
communications under Iran General License
D–1, which was issued pursuant to 31 CFR
part 560.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Dated: October 29, 2020.
OFFICE OF FOREIGN ASSETS CONTROL
Iranian Transactions and Sanctions
Regulations
31 CFR Part 560
GENERAL LICENSE M–1
Authorizing the Exportation of Certain
Graduate Level Educational Services and
Software
(a) Except as provided in paragraph (c) of
this general license, accredited graduate and
undergraduate degree-granting academic
institutions located in the United States
(collectively, ‘‘U.S. academic institutions’’),
including their contractors, are authorized
through 12:01 a.m. eastern daylight time,
September 1, 2022, to engage in the following
activities with respect to Iranian students
described in paragraph (b):
(1) Online Educational Services. The
provision of online educational services
related to graduate educational courses,
provided that the courses are the equivalent
of courses ordinarily required for the
completion of graduate degree programs in
the humanities, social sciences, law, or
E:\FR\FM\27SER1.SGM
27SER1
Agencies
[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Rules and Regulations]
[Pages 58445-58449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20819]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA-2017-C-6238]
Listing of Color Additives Exempt From Certification; Calcium
Carbonate
AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or we) is amending the
color additive regulations to provide for the safe use of calcium
carbonate in dietary supplement tablets and capsules. We are taking
this action in response to a color additive petition (CAP) submitted by
Colorcon, Inc. (Colorcon or petitioner).
DATES: This rule is effective October 28, 2022. Submit either
electronic or written objections and requests for a hearing on the
final rule by October 27, 2022. See section XI for further information
on the filing of objections. The incorporation of reference of certain
material listed in this rule is approved by the Director of the Federal
Register as of October 27, 2022.
ADDRESSES: You may submit objections and requests for a hearing as
follows. Please note that late, untimely filed objections will not be
considered. The https://www.regulations.gov electronic filing system
will accept comments until 11:59 p.m. Eastern Time at the end of
October 27, 2022. Objections received by mail/hand delivery/courier
(for written/paper submissions) will be considered timely if they are
received on or before that date.
Electronic Submissions
Submit electronic objections in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Objections submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your objection will be
made public, you are solely responsible for ensuring that your
objection does not include any confidential information that you or a
third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your objection, that information will be
posted on https://www.regulations.gov.
If you want to submit an objection with confidential
information that you do not wish to be made available to the public,
submit the objection as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper objections submitted to the Dockets
Management Staff, FDA will post your objection, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2017-C-6238 for ``Listing of Color Additives Exempt from
Certification; Calcium Carbonate.'' Received objections, those filed in
a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500.
Confidential Submissions--To submit an objection with
confidential information that you do not wish to be made publicly
available, submit your objections only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We
will review this copy, including the claimed confidential information,
in our consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20
[[Page 58446]]
and other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts, and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, 240-402-7500.
FOR FURTHER INFORMATION CONTACT: Christopher Kampmeyer, Office of Food
Additive Safety (HFS-255), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park,
MD 20740-3835, 240-402-1255; or Alexandra Jurewitz, Office of
Regulations and Policy (HFS-024), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park,
MD 20740, 240-402-2378.
SUPPLEMENTARY INFORMATION:
I. Introduction
In a notification published in the Federal Register on November 20,
2020 (85 FR 74304), we announced that we filed a color additive
petition (CAP 0C0318) submitted by Colorcon, Inc., 275 Ruth Rd.,
Harleysville, PA 19438. The petition proposed to amend the color
additive regulations in Sec. 73.70 ``Calcium Carbonate,'' by expanding
the permitted uses of calcium carbonate to include use in dietary
supplement tablets and capsules, including coatings and printing inks,
in amounts consistent with good manufacturing practice.
II. Background
Calcium carbonate (CAS 471-34-1) is a fine, white powder prepared
either by grinding naturally occurring limestone or produced
synthetically through a precipitation process using heat, water, and
carbon dioxide. Calcium carbonate is slightly soluble in water and
dissociates into calcium and carbonate ions in an aqueous environment.
Calcium is abundant in the human body and is an integral component of
bones, teeth, and other biological structures. Carbonate is also
present in the human body, e.g., as a critical component of the pH
buffering system.
Calcium carbonate is authorized under Sec. 73.70 for use as a
color additive in soft and hard candies, mints, and in inks used on the
surface of chewing gum, in amounts consistent with good manufacturing
practice, except that it may not be used to color chocolate or the
chocolate portion of candy, as the standards of identity for chocolate
do not provide for the use of color additives. Calcium carbonate is
also authorized under Sec. 73.1070 for use as a color additive in
drugs; generally, in amounts consistent with good manufacturing
practice. Additionally, food grade calcium carbonate and ground
limestone (consisting of not less than 94 percent calcium carbonate)
are affirmed as generally recognized as safe in 21 CFR 184.1191 and
184.1409, respectively. These two regulations do not include
limitations for use in food other than current good manufacturing
practice, which our regulations define at Sec. 184.1(b).
The petitioner stated that calcium carbonate complies with the
specifications in the 10th edition of the Food Chemicals Codex (FCC
10), which was incorporated by reference into Sec. 73.70 (82 FR 51554,
November 7, 2017). Since this regulation became effective, the 13th
edition of the FCC (FCC 13) has published. The specifications for
calcium carbonate and ground limestone are the same in both FCC 10 and
FCC 13. Therefore, we are updating our incorporation by reference to
FCC 13. In an email dated May 26, 2022, the petitioner concurred with
updating the FCC reference from FCC 10 to FCC 13.
The petitioner concluded that the amount of calcium carbonate
petitioned for use in dietary supplement tablets and capsules is self-
limiting because the addition of the color additive above a certain
level would be uneconomical and/or have adverse consequences on the
quality of the dietary supplements. Because the petitioner concluded
that the amount of calcium carbonate used as a color additive in
dietary supplement tablets and capsules would be self-limiting, they
did not propose any tolerances or other limitations. We determined
there is no need for a specific upper limit for this use of calcium
carbonate (Ref. 1).
III. Safety Evaluation
Under section 721(b)(4) of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 379e(b)(4)), a color additive may not be listed
for a particular use unless the data and information available to FDA
establish that the color additive is safe for that use. Our color
additive regulations at 21 CFR 70.3(i) define ``safe'' to mean that
there is convincing evidence establishing with reasonable certainty
that no harm will result from the intended use of the color additive.
To establish with reasonable certainty that a color additive
intended for use in foods is not harmful under its intended conditions
of use, we consider the projected human dietary exposure to the color
additive; the additive's toxicological data; and other relevant
information (such as published literature) available to us. We compare
the estimated dietary exposure, or estimated daily intake (EDI), of the
color additive from all dietary sources to an acceptable daily intake
(ADI) level established by toxicological data. The EDI is determined by
projections based on the amount of the color additive proposed for use
in particular foods and on data regarding the amount consumed from all
sources of the color additive. We commonly use the EDI for the 90th
percentile consumer of a color additive as a measure of high chronic
exposure.
IV. Safety of the Petitioned Use of the Color Additive
A. Dietary Exposure Estimate
The petitioner estimates that the amount of calcium carbonate as a
color additive in dietary supplements would not exceed 24 milligrams
(mg) per dietary supplement (Ref. 2). The petitioner used data for
dietary supplements from the 2011-2014 National Health and Nutrition
Examination Survey (NHANES) to estimate dietary exposure to calcium
carbonate and elemental calcium from the proposed use. From the NHANES
data, the petitioner determined that the U.S. population aged 2 years
and older consumes two dietary supplements in a 24-hour period at the
mean and five at the 90th percentile. We note that these values could
represent two or five of the same or different dietary supplements. In
estimating dietary exposure, the petitioner assumed that all dietary
supplements consumed would contain calcium carbonate as a color
additive and that each dietary supplement consumed contains 24 mg
calcium carbonate. This results in a dietary exposure estimate to
calcium carbonate of 48 milligrams/person/day (mg/p/d) at the mean and
120 mg/p/d at the 90th percentile. Because calcium carbonate is
comprised of 40 percent calcium, the petitioner noted that the maximum
dietary exposure to calcium from this use of calcium carbonate is
estimated to be 19 mg/p/d at the mean and 48 mg/p/d at the 90th
percentile.
The petitioner stated that the maximum amount of calcium carbonate
deposited as a printing ink on the surface of the dietary supplement
would
[[Page 58447]]
be 0.009 mg, which corresponds to approximately 0.004 mg of calcium per
dietary supplement. The petitioner concluded that the contribution to
the dietary exposure from use in printing ink on the surface of dietary
supplements is accounted for in the dietary exposure estimate for the
use of calcium carbonate as a color additive at the maximum proposed
use level in dietary supplements. FDA concurred with this approach
regarding the dietary exposure estimate for calcium and calcium
carbonate from the petitioned uses of calcium carbonate (Ref. 2).
FDA previously determined the cumulative estimated dietary intake
(CEDI) for calcium from all sources to be 1,150 mg/p/d at the mean and
1,925 mg/p/d at the 90th percentile for the U.S. population aged 2
years and older (Ref. 3). The petitioner summed FDA's mean cumulative
dietary exposure to calcium (1,150 mg/p/d) (Ref. 3) with the mean
dietary exposure to calcium from the petitioned uses (19 mg/p/d) (Ref.
2) to estimate a revised mean CEDI for elemental calcium from the
existing uses as well as the petitioned use of calcium carbonate as a
color additive in dietary supplement tablets and capsules, including
coatings and printing inks. This resulted in a mean CEDI for calcium of
1,169 mg/p/d for the U.S. population aged 2 years and older. Using an
analogous approach, the 90th percentile CEDI for calcium, determined
previously (1,925 mg/p/d; Ref. 3), was summed with the 90th percentile
value (48 mg/p/d) from the petitioned uses to derive an upper bound
90th percentile CEDI for calcium of <2,000 mg/p/d for the U.S.
population aged 2 years and older (Ref. 2).
B. Toxicological Considerations
To support the safety of the petitioned use of calcium carbonate,
the petitioner noted that calcium carbonate and ground limestone are
affirmed as generally recognized as safe under Sec. Sec. 184.1191 and
184.1409, respectively. The petition referenced FDA's safety review of
calcium carbonate in CAP 6C0307 (Ref. 4), which resulted in FDA's
listing of calcium carbonate in Sec. 73.70. Calcium carbonate can
dissociate into calcium and carbonate ions in aqueous environments,
making those two ions relevant to a safety evaluation of ingested
calcium carbonate. Based on carbonate's chemical structure and
physiological functions, no further safety analysis of carbonate
exposure was necessary (Ref. 4). FDA also considered safety evaluations
by the Institute of Medicine (IOM) and safety information resulting
from a search of the published literature (Ref. 4). In the IOM's 2011
report on dietary reference intakes for calcium and vitamin D, the IOM
updated recommended tolerable upper limits (ULs) for calcium ranging
from 2,000 to 3,000 mg/p/d for the U.S. population aged 1 year and
older, based on a comprehensive literature review (Ref. 5). The IOM
considered the UL as the highest average daily exposure that is likely
to pose no risk of adverse effects to almost all individuals in the
general population (Ref. 5).
We conducted a search of the literature from January 2016 until
December 2021 to identify publications germane to our safety evaluation
using several different databases (i.e., PubMed, Web of Science and
ToxNet). We reviewed the articles found in this search and other
relevant studies available to FDA on the safety of calcium and calcium
carbonate (Ref. 6). We also noted that in our previous safety review
(Ref. 4) we determined that no further safety analysis of carbonate was
necessary, based on its chemical structure and physiological functions
(Ref. 6).
Based on our review, we considered the UL established by IOM for
calcium (2,000 mg/p/d) to remain an appropriate benchmark for assessing
the safety of dietary exposure to calcium from the petitioned use of
calcium carbonate (Ref. 6). For the U.S. population aged 2 years and
older, the dietary exposure estimate at the 90th percentile is below
the IOM's UL of 2,000 mg/p/d. Additionally, the body of literature on
calcium carbonate and calcium does not present evidence of safety
concerns at the expected dietary exposure (Ref. 6). Based on our review
of the recently published literature, and because the 90th percentile
dietary exposure to calcium from all dietary sources, including the
petitioned uses of calcium carbonate, is less than the UL determined by
IOM, the dietary exposure to calcium from the proposed use of calcium
carbonate as a color additive in dietary supplement tablets and
capsules, including coatings and printing inks, does not raise safety
concerns (Ref. 6). Therefore, we conclude that there is a reasonable
certainty of no harm from this proposed use as a color additive.
V. Incorporation by Reference
FDA is incorporating by reference the monographs for calcium
carbonate and limestone, ground from the Food Chemicals Codex, 13th
ed., 2022, which was approved by the Office of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may purchase a
copy of the material from the United States Pharmacopeial Convention,
12601 Twinbrook Pkwy., Rockville, MD 20852, 1-800-227-8772, https://www.usp.org. You may inspect a copy at the Dockets Management Staff
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240-402-7500, between 9 a.m. and 4 p.m., Monday
through Friday. Because materials incorporated by reference will no
longer be available at FDA's main library, we are revising Sec. 73.70
to update the location where referenced materials cited in FDA
regulations can be found; the new location will be at the Dockets
Management Staff.
The FCC monographs establish a standard for purity and identity for
calcium carbonate. The monographs provide specifications and analytical
methodologies used to identify the substance and establish acceptable
purity criteria. The current color additive regulation for the use of
calcium carbonate (Sec. 73.70) indicates that the additive must meet
the specifications in the FCC 10. The most current version of the FCC
is the FCC 13, and the specifications for calcium carbonate in FCC 13
are identical to those in FCC 10. Therefore, we are amending Sec.
73.70 by adopting, and incorporating by reference, the specifications
for calcium carbonate and ground limestone in FCC 13 in place of FCC
10.
VI. Conclusion
Based on the data and information in the petition and other
available relevant information, we conclude that the petitioned use of
calcium carbonate for use as a color additive in dietary supplement
tablets and capsules, including coatings and printing inks, is safe. We
further conclude that the color additive will achieve its intended
technical effect and is suitable for the petitioned use. Therefore, we
are amending the color additive regulations in part 73 to provide for
the safe use of this color additive as set forth in this document. In
addition, based on the factors in 21 CFR 71.20(b), we conclude that
batch certification of calcium carbonate, proposed for use as a color
additive in dietary supplement tablets and capsules, including coatings
and printing inks, is not necessary for the protection of public health
(Ref. 1).
VII. Public Disclosure
In accordance with Sec. 71.15, the petition and the documents that
we considered and relied upon in reaching our decision to approve the
petition will be made available for public disclosure
[[Page 58448]]
(see FOR FURTHER INFORMATION CONTACT). As provided in Sec. 71.15, we
will delete from the documents any materials that are not available for
public disclosure.
VIII. Analysis of Environmental Impact
As stated in the November 20, 2020, Federal Register notification
of filing, the petitioner claimed that this action is categorically
excluded under Sec. 25.32(k) because the substance is intended to
remain in food through ingestion by consumers and is not intended to
replace macronutrients in food. We further stated that if FDA
determines a categorical exclusion applies, neither an environmental
assessment nor an environmental impact statement is required. We did
not receive any new information or comments regarding this claim of
categorical exclusion. We considered the petitioner's claim of
categorical exclusion and determined that this action is categorically
excluded under Sec. 25.32(k). Therefore, neither an environmental
assessment nor an environmental impact statement is required.
IX. Paperwork Reduction Act of 1995
This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.
X. Section 301(ll) of the FD&C Act
Our review of this petition was limited to section 721 of the FD&C
Act. This final rule is not a statement regarding compliance with other
sections of the FD&C Act. For example, section 301(ll) of the FD&C Act
(21 U.S.C. 331(ll)) prohibits the introduction or delivery for
introduction into interstate commerce of any food that contains a drug
approved under section 505 of the FD&C Act (21 U.S.C. 355), a
biological product licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262), or a drug or biological product for which
substantial clinical investigations have been instituted and their
existence has been made public, unless one of the exemptions in section
301(ll)(1) to (4) of the FD&C Act applies. In our review of this
petition, we did not consider whether section 301(ll) of the FD&C Act
or any of its exemptions apply to food containing this color additive.
Accordingly, this final rule should not be construed to be a statement
that a food containing this color additive, if introduced or delivered
for introduction into interstate commerce, would not violate section
301(ll) of the FD&C Act. Furthermore, this language is included in all
color additive final rules that pertain to food and therefore should
not be construed to be a statement of the likelihood that section
301(ll) of the FD&C Act applies.
XI. Objections
This rule is effective as shown in the DATES section, except as to
any provisions that may be stayed by the filing of proper objections.
If you will be adversely affected by one or more provisions of this
regulation, you may file with the Dockets Management Staff (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) to which you object, and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
Any objections received in response to the regulation may be seen
in the Dockets Management Staff between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at https://www.regulations.gov. We will publish notice of the objections that we
have received or lack thereof in the Federal Register.
XII. References
The following references marked with an asterisk (*) are on display
at the Dockets Management Staff (see ADDRESSES) and are available for
viewing by interested persons between 9 a.m. and 4 p.m., Monday through
Friday; they are also available electronically at https://www.regulations.gov. References without asterisks are not on public
display at https://www.regulations.gov because they have copyright
restriction. Some may be available at the website address, if listed.
References without asterisks are available for viewing only at the
Dockets Management Staff. FDA has verified the website addresses, as of
the date this document publishes in the Federal Register, but websites
are subject to change over time.
* 1. Memorandum from N. Hepp, Color Technology Branch, Office of
Cosmetics and Colors, Center for Food Safety and Applied Nutrition
(CFSAN), FDA to C. Kampmeyer, Division of Food Ingredients (DFI),
Office of Food Additive Safety (OFAS), CFSAN, FDA, May 11, 2022.
* 2. Memorandum from D. Doell, Chemistry Review Team, DFI, OFAS,
CFSAN, FDA to C. Kampmeyer, DFI, OFAS, CFSAN, FDA, May 11, 2022.
* 3. Memorandum from D. Doell, Division of Petition Review (DPR),
OFAS, CFSAN, FDA to J. Kidwell, DPR, OFAS, CFSAN, FDA, February 16,
2017.
* 4. Memorandum from T.S. Thurmond, DPR, OFAS, CFSAN, FDA to J.
Kidwell, DPR, OFAS, CFSAN, FDA, February 17, 2017.
5. Committee to Review Dietary Reference Intakes for Vitamin D and
Calcium, Food and Nutrition Board, Institute of Medicine, ``Dietary
Reference Intakes for Calcium and Vitamin D,'' National Academies
Press, Washington, DC 2011. Available at https://www.nap.edu/read/13050/chapter/1 (accessed July 27, 2021).
* 6. Memorandum from R. Chanderbhan, Toxicology Review Team, DFI,
OFAS, CFSAN, FDA to C. Kampmeyer, DFI, OFAS, CFSAN, FDA, May 11,
2022.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs, Foods, Incorporation by
reference, Medical devices.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
the authority delegated to the Commissioner of Food and Drugs, 21 CFR
part 73 is amended as follows:
PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION
0
1. The authority citation for part 73 continues to read as follows:
Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.
0
2. Amend Sec. 73.70 by revising paragraphs (b) and (c) and adding
paragraph (f) to read as follows:
Sec. 73.70 Calcium carbonate.
* * * * *
(b) Specifications. Calcium carbonate must meet the specifications
given in calcium carbonate (FCC 13) and limestone, ground (FCC 13).
(c) Uses and restrictions. Calcium carbonate may be safely used in
amounts consistent with good manufacturing practice to color dietary
supplement tablets and capsules (including coatings and printing inks),
soft and hard candies and mints, and in inks used on the surface of
chewing gum, except that it may not be used to color chocolate for
which standards of identity have been promulgated under section 401 of
the Federal Food, Drug,
[[Page 58449]]
and Cosmetic Act unless added color is authorized by such standards.
* * * * *
(f) Incorporation by reference. Material listed in this paragraph
(f) is incorporated by reference into this section with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. All approved material is available for inspection at the Food
and Drug Administration and at the National Archives and Records
Administration (NARA). Contact the Food and Drug Administration between
9 a.m. and 4 p.m., Monday through Friday at: Dockets Management Staff,
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240-402-7500. For information on the availability
of this material at NARA, email: [email protected]; website:
www.archives.gov/federal-register/cfr/ibr-locations.html. You may
obtain the material from the U.S. Pharmacopeial Convention, 12601
Twinbrook Pkwy., Rockville, MD 20852; website: www.usp.org.
(1) Limestone, Ground, Food Chemicals Codex, 13th edition,
effective June 1, 2022 (FCC 13).
(2) Calcium Carbonate, Food Chemicals Codex, 13th edition,
effective June 1, 2022 (FCC 13).
Dated: September 20, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-20819 Filed 9-26-22; 8:45 am]
BILLING CODE 4164-01-P